NEW INDIA ASSURANCE COMPANY LIMITED Vs. C GIRAMMA

JUDGEMENT

(1.) Aggrieved by the award and decree dated 10-04-2001, the insurance company filed the appeal.

(2.) The brief facts as stated in the claim petition are that the deceased was hale and healthy and was an expert carpenter and was earning an amount of Rs.3,000/- and he was also a hamali. On 31/10/1995. at about 2.45 p.m. when the deceased and his brother were travelling in the lorry bearing No.AP.02- V.2195 as hamalies along with wooden frames from Rasimpalli to Kothecheruvu, the driver of the lorry drove the vehicle in high speed, in a rash and negligent manner and took sudden turn and applied sudden breaks to give side to pass opposite D.B. Cart and as a result, the deceased who was sitting in the cabin, fell on the ground due to jerk and rear wheel of the lorry ran over the deceased and he received grievous and multiple fractures on both legs. The deceased was taken to hospital in van and he died on the way to hospital. A case was registered by Bukkapatnam police in Cr.No.41/95 under Section 304-A of I.P.C. against the driver of the lorry. Claiming that the claimants are depending on the income of the deceased and as a result of death of the deceased, they lost bread winnertothefamily, the claimants filed claim petition for an amount of Rs.1,50,000.00.

(3.) The owner of the lorry remained ex parte. The insurance company filed counter and denied the negligent driving of the driver of the lorry, age, income and avocation of the deceased. It is contended that the deceased is an unauthorized passenger at the time of accident and as such he is not covered by the policy. It is further stated that the compensation claimed is excessive and sought for dismissal of the claim petition.